(A) Scope. This process covers de minimis violations of the International Property Maintenance Code, such a violation has no direct or immediate relationship to safety or health, the code official is authorized to prepare a written administrative citation of de minimis violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for re-inspection.
(B) Intent. The intent of the administrative citation process is to add steps short of a criminal prosecution that allows a violator to pay a fine without going to court.
(C) Process.
(1) De minimis violations.
(a) Issue administrative citation to offender.
(b) Service of citation.
1. Service of citation.
2. Serve in person.
3. Post on structure, property or vehicle and by first class mail last known address.
(c) Citation paid and violation corrected on or before compliance date.
1. Close case.
(d) Violations not corrected or repeated with 18 months.
1. Shall receive a second offense administrative citation.
2. Shall receive a third offense administrative citation.
3. Shall receive a third offense administrative citation or escalating criminal charges.
(e) Appeals process.
1. The violator has a right to appeal the ticket prior to the fine being placed on the violator's utility bill. To appeal, the violator must file a written request for an appeal with the utility department, 10 S. Mulberry Street, Logan, Ohio, 43138, either in person or by mail within three business days of receipt of the notice. If an appeal is not requested within three business days of receipt of the notice, the fine shall be placed on the violator's utility bill.
2. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the City Service Director; provided that such person shall file, a written petition requesting such hearing and containing a statement of the grounds therefore within three days after the day the notice was served.
3. The appeal will be heard by the Service Director on the second and fourth Wednesday of each month at 10:00 hrs. in City Council Chambers.
4. The Service Director shall hear all appeals relative to the enforcement of this chapter, and shall reverse or affirm wholly or partly, or modify, the decision appealed from, and shall make such order or determination as in its opinion ought to be made. Failure to secure such decision shall be deemed a confirmation of the decision of the code official.
5. If the violator fails to appear at the appeal hearing the fine will placed on the violator's utility bill.
6. The violator has a right to appeal the Service Director's decision to the fine being placed on the violator's utility bill. To appeal, the violator must file a written request for an appeal with the utility department, 10 S. Mulberry Street, Logan, Ohio, 43138, either in person or by mail within three business days of the Service Directors decision. If an appeal is not requested within three business days of receipt of the notice, the fine shall be placed on the violator's utility bill.
7. Any person who wishes to appeal the Service Director's decision shall receive a minor misdemeanor citation into court, providing notice and an opportunity to be heard, which shall serve as an appeals process. Any offender who persists in such violation after reasonable warning or request to desist by a member of the City of Logan Code Enforcement or after (receiving an administrative citation shall be guilty of a misdemeanor of the fourth degree. Any subsequent offense within six months of the second offense shall be punishable as a misdemeanor of the first degree.
(D) Fine schedule for administrative citation.
CITY OF LOGAN FINES - DE MINIMIS VIOLATIONS |
CITY OF LOGAN FINES - DE MINIMIS VIOLATIONS | |
Applicable Chapters | |
1 - Scope & Administration: | |
3 - General Requirements: | |
4 - Light, Ventilation, Occupancy Limits: | |
5 - Plumbing Facilities & Fixtures: | |
6 - Mechanical & Electrical: | |
7 - Fire Safety: | |
Chapter 90: Animals | |
Chapter 153: Existing Structures | |
Chapter 154: House Numbering | |
Chapter 157: Zoning Code | |
Offense | Fine Per Citation |
1st Offense | $25 |
2nd Offense | $75 |
3rd Offense | $150 |
4th Offense | 4th misdemeanor |
5th Offense | 3rd misdemeanor |
6th Offense | 2nd misdemeanor |
7th Offense | 1st misdemeanor |
The Administrative Citation shall state: The violator has a right to appeal the ticket prior to the fine being placed on the violator's utility bill. To appeal, the violator must file a written request for an appeal with the utility department, 10 S. Mulberry Street, Logan, Ohio, 43138, either in person or by mail within three business days of receipt of the notice. If an appeal is not requested within three business days of receipt of the notice, the fine shall be placed on the violator's utility bill. | |
(E) Subsequent offenses.
(1) Any person who violates this code and/or the adopted International Property Maintenance Code and received an administrative citations in lieu of a misdemeanor and repeats the same offense within 18 months of the prior offense is guilty of a misdemeanor of the fourth degree.
(2) If, within 18 months of the offense, the offender previously has been convicted of or pleaded guilty to a misdemeanor of the fourth degree, whoever violates this section is guilty of a misdemeanor of the third degree.
(3) If, within 18 months of the offense, the offender previously has been convicted of or pleaded guilty to a misdemeanor of the third degree, whoever violates this section is guilty of a misdemeanor of the second degree.
(4) If, within 18 months of the offense, the offender previously has been convicted of or pleaded guilty to a misdemeanor of the second degree, whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 22-2021, passed 5-11-21; Am. Ord. 63-2022, passed 10-11-22)